Transcript Highlights:

• But ERISA plans require very large upfront funding, which small businesses can't afford.
• HB139 would allow Texas small employers to buy ERISA type products.
• ERISA route, OK? So it doesn't segregate, I mean, as far as the size of the business.
• Broader than just ERISA. I know. So ours is actually a 401k based. Well, they, right, and they.
• We generally do those the same way we do ERISA. And government entities are not subject to ERISA.

Bills: HB139 , HB1818 , HB1942 , HB1959 , HB2221 , HB2254 , HB2563 , HB2067 , HB2275 , HB3211 , HB139

Committee: House Insurance

Keywords: HB 1818, Texas Insurance Code, Texas Department of Insurance, commissioner of insurance, health maintenance organization, HMO, insurer, utilization review, preauthorization, prior authorization, medical necessity review, health care services, medical care, insurance regulation, insurance examination, regulatory oversight, confidential records, public information exception, Chapter 843, Chapter 1301

Transcript Highlights:

• Does not affect ERISA? Great question about ERISA, Madam Chair. A lot of discussion about that.
• Only one of those mentions ERISA.”
• I want to be clear: this is not about ERISA.
• Let's do the ERISA piece real quick. We've had a discussion about it.
• Let's do the ERISA piece real quick. We've had a discussion about it.

Bills: SB331 , SB883 , SB926 , SB1137 , SB1138 , SB1144 , SB1151 , SB1236 , SB1270 , SB1522 , SB1869 , SB2207 , SB2422

Committee: Senate Health & Human Services

Keywords: healthcare, cost disclosure, transparency, administrative penalties, health facility compliance, COVID-19, off-label use, prescription drugs, patient access, medical standards, insurance, physician ranking, incentives, fiduciary duty, health plan issuers, SB 1137, group home, assisted living, residential care, board and care

Summary: The committee heard testimony on Senate Bill 883, which would protect physicians’ ability to prescribe off-label medications and treatments, framed by the author as a “Right to Treat” measure tied to COVID-19 care. Supporters, including physicians and patient-choice advocates, said the bill would safeguard the doctor-patient relationship and prevent interference by boards, pharmacies, or hospitals. Several witnesses described using hydroxychloroquine, ivermectin, budesonide, antibiotics, steroids, and monoclonal antibodies during the pandemic, and said they faced complaints, board scrutiny, or pharmacy refusals for those prescriptions. The bill was left pending after public testimony closed. The committee then took up Senate Bill 331, which would extend hospital price-transparency requirements to additional health care facilities such as freestanding ERs, urgent care and retail clinics, ambulatory surgical centers, outpatient clinics, and birthing centers. Proponents argued that broader disclosure of prices for shoppable services would help consumers compare costs and reduce surprise billing, while opponents from ambulatory surgery centers said the bill would impose costly compliance burdens on small providers and that insurers or the state already have much of the needed data. The bill was also left pending. Senate Bill 2422 would expunge Texas Medical Board records and impose reparations for disciplinary actions tied to COVID-era treatment decisions, including references to ivermectin, hydroxychloroquine, budesonide, and masks. The author and supporters argued that doctors were unfairly targeted for trying to save patients and should be made whole; the Texas Medical Board representative said most pandemic complaints were dismissed, that actions generally involved broader issues such as privileges, documentation, or informed consent, and that no physician was disciplined solely for prescribing off-label COVID medications. The bill was left pending. Finally, the committee heard Senate Bill 2207, which would loosen Texas Medical Board rules on physicians advertising themselves as board certified, especially by reducing barriers tied to maintenance of certification requirements. Supporters said the current rule is overly restrictive, inconsistent, and costly, and that it drives physicians out of practice; they also said Texas is one of only a few states with such a rule. Witnesses described hospitals using the rule against physicians and said the change would improve transparency and competition. The bill remained pending after testimony.

Transcript Highlights:

• Does this bill require ERISA-regulated plans to participate? The answer is no.
• In other states, the ERISA plans have participated. Not in all states.
• These numbers do include the ERISA plans.
• In other states, the ERISA plans have participated. Not in all states.
• These numbers do include the ERISA plans.

Bills: HB424 , SB63 , SB269 , HB424 , SB63 , SB269

Committees: House Economic Development/Banking/Insurance & Commerce , House Insurance

Keywords: HB424, Montgomery County, sheriff, county sheriff, salary increase, expense allowance, local act, county general fund, retirement contributions, public official compensation, law enforcement pay, elected official salary, Montgomery County legislation, sheriff compensation, term-based salary, immigration, law enforcement, fingerprints, DNA collection, illegal aliens

Transcript Highlights:

• And so we've got about 662,000 residents that are in self-funded ERISA plans.
• That are in self-funded ERISA plans.
• That, you know, with the ERISA preemption, litigation is going to cost money, just as you said.
• This will be challenged on the ERISA standpoint. The carving out of Louisiana, to kind of what Rep.
• Turner, I think you’ve got some of the same issues as it relates to some of these ERISA and self-funded

Committee: House Insurance

Summary: The House Insurance Committee met on April 1 with a quorum present and first took up House Bill 938 by Rep. Turner, which would overhaul pharmacy benefit manager (PBM) regulation by setting a flat administration fee, requiring dispensing fees and NADAC-based reimbursement, mandating rebate pass-through, giving the Department of Insurance access to PBM data, and creating a reverse-auction process for PBM procurement. Turner said the bill is intended to level the playing field for independent pharmacies, improve transparency, and reduce hidden PBM practices. The committee adopted amendment set 1444 without objection, and Turner said additional conceptual amendments were still being worked on. Supporters included independent pharmacies and the PBM Accountability Project; opponents included union plan representatives, benefits consultants, and PBM/insurance industry witnesses who warned of higher costs, ERISA preemption problems, and likely litigation. After extended questioning on cost, preemption, and vertical integration, the committee reported HB 938 with amendments. The committee then considered House Bill 870, also by Rep. Turner, dealing with formulary placement and cost-sharing for generic drugs and biosimilars and limiting certain utilization management practices. Amendment set 1540 was adopted, revising and tightening technical definitions. Turner and a representative of the Association for Accessible Medicines argued the bill would help lower-cost generics and biosimilars gain market share and reduce patient costs, citing examples such as insulin and Humira biosimilars. Opponents from Louisiana Blue said the bill would force coverage based on wholesale acquisition cost rather than net cost, would raise premiums for fully insured members, and would mandate coverage of drugs that are not always the lowest net-cost option. Rep. Jordan again raised ERISA and preemption concerns, and committee members discussed whether the bill would interfere with tiering and plan design. After closing comments and a motion by Rep. Glorioso, HB 870 was reported with amendments, and the committee adjourned.

Transcript Highlights:

• They said that governmental plans are not generally controlled by ERISA, but following ERISA rules can
• provisions and ERISA requirements that give us a framework for how that would happen.
• When we're talking about merger, the IRS for a governmental plan, unlike ERISA plans, they do not have
• So an ERISA plan has to meet certain funding requirements. A governmental plan... requirements.
• So an ERISA plan has to meet certain funding requirements.

Committee: Joint Select Committee on Pension Policy

Summary: The Select Committee on Pension Policy approved the September minutes and then received a presentation from DRS staff on the FY 2024 CEM benchmarking survey. DRS described its administrative costs, service levels, and technology modernization efforts, noting that its overall service was just below peer averages but had recovered since COVID, and that major projects such as the CorePAM system replacement are a significant driver of costs. Committee members and DRS emphasized that the benchmarking is meant to compare administrative efficiency, not the total cost of benefits, and DRS said the CorePAM project is expected to finish around September 2027. The committee then continued its LEOFF 1 study discussion with staff, the Office of the State Actuary, the Attorney General’s office, Ice Miller, and the State Investment Board. The discussion focused on two legislative approaches: a merger of LEOFF 1, PERS 1, and TRS 1 into a Legacy Plan (5085) and a terminate-and-restate approach for LEOFF 1 (2034). Testimony explained that both approaches could satisfy federal tax requirements if the IRS issues a favorable determination letter and private letter ruling after enactment, and that the merger is viewed as the more conservative option. Witnesses said the exclusive benefit rule prevents surplus assets from being used for non-benefit purposes, but allows them to support benefits and reasonable administrative costs for plan members and beneficiaries. Questions from members centered on whether the IRS would require plan funding above 100 percent, how overfunding could be managed, the effect of prior legislation such as ESSB 5357, and the costs and timing of IRS filings; staff and counsel said the IRS process can take a year or more and recommended waiting for approval before implementation. The committee also adopted preliminary 2026 meeting dates. During public comment, several speakers supported the merger bill because it would permanently eliminate the current LEOFF 1 employer surcharge and provide a permanent COLA for retirees, while others urged caution about creating additional pension burdens for state and local governments. One commenter asked the committee to study climate change as a systemic risk to pension investments, and another requested an ad hoc COLA for Plan 1 retirees in 2026. The meeting ended with no action on the LEOFF 1 study beyond discussion and with the meeting calendar approved.

Transcript Highlights:

• I did just want to have you address the issues raised around basically adopting the ERISA structure to
• I guess what I would say is that ERISA was written a little while ago.
• There are some new things that I think that if they were to rewrite ERISA, they would include.
• But ERISA was written a little while ago.
• There are some new things that I think that if they were to rewrite ERISA, they would include.

Summary: The Assembly Health Committee heard several measures, beginning with SB 331 by Sen. Menjivar, which would require large-group health plans to cover hearing aids for children. The author and supporters described the bill as a long-running effort to address a developmental emergency and reduce out-of-pocket costs for families, while opponents were absent. Testimony from parents, advocates, medical experts, and organizations emphasized the importance of early access to hearing aids; committee members voiced strong support, and the bill was moved on a do-pass basis to Appropriations, with several members requesting to be added as coauthors. The committee then heard SB 608, also by Sen. Menjivar, to expand access to condoms in school-based health centers and related settings and to prevent barriers such as ID checks. Supporters, including students and school health advocates, argued the bill would improve sexual health and reduce stigma, while opponents from family and faith groups argued it would undermine parental authority and normalize early sexual activity. The bill was supported by committee members and moved forward on a do-pass basis to Appropriations. Next, SB 971 by Sen. Choi proposed community-based healthy aging partnerships for older adults, with testimony from the California Senior Legislature and supporters from aging and dementia organizations. The measure was described as voluntary and focused on connection, independence, and local collaboration; there was no opposition, and the committee moved it on a do-pass basis to Appropriations. The committee also heard SB 869 by Sen. Weber Pierson, which would require warning icons and statements on chain restaurant menus for beverages with very high added sugar content. Supporters framed it as a transparency and public health measure, while restaurant and beverage industry representatives opposed it unless amended, citing cost and menu-space concerns; the bill was nevertheless moved on a do-pass basis to Appropriations after a roll call vote, with some members voting no and the measure placed on call. The committee also considered SB 950 by Sen. Weber Pierson, aimed at ensuring timely coverage of FDA-approved, medically necessary treatments for early-onset Alzheimer’s disease on commercial plans. Supporters, including the Alzheimer’s Association and a patient advocate, said the bill would reduce delays and barriers to care, while health plan representatives opposed it over step therapy and utilization-management concerns. Members discussed the limited treatment window and the need for early access, and the bill was moved on a do-pass basis to Appropriations. In addition, SB 490 by Sen. Umberg would set timelines for DHCS investigations of unlicensed sober living homes and allow counties to assist if the department cannot act in time; supporters from Anaheim and a patient-brokering survivor described serious abuse and oversight gaps, while county behavioral health representatives opposed the county role as an unfunded and potentially liability-creating burden. After discussion, the bill was also moved on a do-pass basis to Appropriations. Finally, the committee began hearing SB 1037 by Sen. Weber Pierson on health insurance affordability and rate review, with supporters arguing it would tie premium increases more closely to affordability targets and public reporting; the transcript cuts off before the committee completed action on that measure.

Transcript Highlights:

• I did just want to have you address the issues raised around basically adopting the ERISA structure to
• I guess what I would say is that ERISA was written a little while ago.
• There are some new things that I think that if they were to rewrite ERISA, they would include.
• But ERISA was written a little while ago.
• There are some new things that I think that if they were to rewrite ERISA, they would include.

Committee: House Health

Transcript Highlights:

• Yeah, I mean, ERISA plans, it's federal law, so at preempt state law.
• So, for instance, say I have an insurance policy through my employer that's ERISA-qualified and they
• pay for $20,000... ...have an insurance policy through my employer that's ERISA-qualified, and they pay
• you give a credit on this hypothetical $100,000 work comp claim, a credit for $20,000 paid by the ERISA
• That employee is still going to have to pay back ERISA the $20,000.

Committees: House Insurance , House Insurance and Banking

Transcript Highlights:

• And so we've got about 662,000 residents that are in self-funded ERISA plans.
• That are in self-funded ERISA plans.
• That, you know, with the ERISA preemption, litigation is going to cost money, just as you said.
• That, you know, with the ERISA preemption, litigation is going to cost money, just as you said.
• This will be challenged on the ERISA standpoint. The carving out of Louisiana, to kind of what Rep.

Committee: House Insurance

Transcript Highlights:

• The biggest one is ERISA, the Employee Retirement Income Security Act of 1974.
• It's my understanding that that explanation was 100% accurate for ERISA plans.
• But as a general rule, ERISA does not apply, according to our counsel.
• But as we talked about earlier, a lot of those reversion rules are under ERISA, and so they're not necessarily
• necessarily want to fully rely on that today, but you have heard that in the past from your counsel that ERISA

Committee: Joint Select Committee on Pension Policy

Summary: The Select Committee on Pension Policy approved the June minutes by roll call vote, with 11 ayes and 6 excused. The chair then outlined meeting procedures and public comment rules before educational briefings began. Lisa Wan of the Office of the State Actuary gave the agency’s annual update, describing its staffing, clients, strategic plan, and performance measures. She noted the office is a small nonpartisan legislative agency that provides actuarial valuations, fiscal notes, policy analysis, and support for multiple retirement systems and boards, and said the office faces a heavy workload in 2025 because of the demographic experience study and other recurring projects. Jacob White provided the annual LEOFF 2 Board update, covering the board’s structure, plan demographics, funded status, contribution rates, and several policy topics under review. Those topics included a Seattle overtime/pension spiking review, catastrophic disability survivor benefits, retiree return-to-work employer contributions, and the change in interest credited to member accounts. He said the board would continue coordinating with DRS and report back through interim updates. Erin Gutierrez presented background for the LEOFF 1 study, explaining plan benefits, medical and death benefits, historic funding, and federal tax qualification issues. She compared Substitute House Bill 2034 and Substitute Senate Bill 5085, describing 2034 as a restatement/termination approach and 5085 as a merger into a Legacy Retirement Plan, both requiring IRS determination letters. Committee members asked questions about LEOFF 1 medical costs, funding sources, and tax implications, and public commenters urged the committee to protect tax qualification, consider a recurring COLA for PERS and TERS 1, and address pension policy concerns. The meeting ended with adjournment and notice of a 30-minute break before executive session.

Transcript Highlights:

• I don't know how this even plays into the ERISA statute. Okay. Thank you. That makes me, it just.
• I'd like to clear up the ERISA component of it. On that topic, and then, please. Thank you.
• ERISA goes through retirement benefits, but self-employed employers do not come under state regulation

Committee: Senate Senate Health & Public Affairs

Transcript Highlights:

• But some of them it's even worse because they have ERISA things or ERISA policies.
• So for anyone who has an ERISA policy, which from what I can find about 60% of the private insurance
• market in New Mexico falls under ERISA.
• At best, if I don't have an ERISA policy, I'm going to get maybe a third of it back. because there's
• And if you don't have an ERISA policy, yes, you could negotiate that reimbursement.

Committee: Senate Senate Judiciary

Transcript Highlights:

• This is especially important in the education sector, where employees lack the federal protections of ERISA
• cost of using their services and offered no fiduciary protection because, again, they're not held to ERISA
• cost of using their services and offered no fiduciary protection because, again, they're not held to ERISA

Committee: Joint Joint Committee on Public Service

Summary: The committee heard testimony on several public service and retirement-related bills. Senator Kelly Dooner and Rep. O’Rourke supported a Taunton home rule petition to extend Chief Walsh’s service during the city’s transition to a new public safety facility, citing the need to manage new equipment, cameras, and 911 systems smoothly. Senator Lovely testified in favor of bills expanding retirement savings access through the SMART Plan and the CORE Plan, arguing that automatic enrollment and broader eligibility would help state, municipal, and nonprofit workers save for retirement. No questions were raised on the Taunton petition, and the hearing later moved through the remaining testimony without any votes taken during the transcript. Mary Waldron of the Old Colony Planning Council and Jeffrey Walker of the Southeast Regional Planning and Economic Development District urged support for legislation protecting regional planning agencies from being required to make retroactive payments to the State Retirement Board for past employer contributions. They warned that the costs would be unsustainable, could force layoffs or closures, and would jeopardize their ability to provide transportation, housing, economic development, and planning services. Bill Keith and Patrick Charles of PEREC testified on several retirement administration bills, including measures to ease statement-of-financial-interest filing rules, require payment for certain creditable service purchases, and clarify the definition of wages to include sick, vacation, and personal time; committee members asked questions about regional transit authorities joining retirement systems and about adding local retirement board representation to a proposed commission. Jonathan Osimo and Rob Fabino of the Massachusetts Teachers Retirement System supported bills to penalize delinquent pension reporting by employers and to create a special commission to study retirement credit purchases, saying better reporting would improve retirement processing and that a broader review could improve fairness and sustainability. Eddie Boynton of the Braintree Education Association backed the SMART Plan bill, describing how automatic enrollment and low-fee fiduciary oversight could protect educators from high-cost supplemental retirement products. Matthew Nugent testified for a bill to divest public pension funds from firearms and ammunition. After the final witnesses, the chairs asked if anyone else wished to testify, heard none, and then adjourned the hearing.

Transcript Highlights:

• normally, you know, there's an argument that can be made for self-funded plans that this is preempted by ERISA
• insured plans, can the state ask for this type of data for plans that are typically covered under ERISA
• insured plans, can the state ask for this type of data, for plans that are typically covered under ERISA

Committee: All ARKANSAS LEGISLATIVE COUNCIL (ALC)

Summary: The meeting opened with prayer, approval of the prior minutes, and a monthly revenue report from the Bureau of Legislative Research. The report showed gross general revenue collections up year to date and net general revenue above forecast, with the increase attributed in part to income tax growth, a fiscal-year shift, and lottery-related collections. Members asked no questions, and no action was required on the revenue report. Several subcommittee reports were then presented and adopted, including executive, administrative rules, game and fish/state police, hospital/Medicaid/developmental disability, occupational licensing, PEER, revenue, state insurance programs, and personnel. The executive report noted a waiver request for Jackson County School District construction services and an audit with no findings. The administrative rules report covered agency directives, rulemaking updates, and a few rules pulled for later consideration. The revenue subcommittee held one District 4 tire removal contract until its next meeting, while the state insurance subcommittee reviewed the EBD contract with Boston Consulting Group and approved pharmacy formulary and drug recommendations. A substantial portion of the meeting focused on the State Insurance Department’s examination of pharmacy benefit managers, especially Navitus Health Solutions. Commissioners and staff explained that Navitus objected to producing certain claims data for self-funded plans, raising an ERISA preemption argument, and that the matter was being set for an administrative hearing, likely in April. Members questioned compliance, due process, and the implications of the objection, while the department said the state initiated the examination and was continuing to seek resolution. The committee also reviewed an Arkansas Teacher Retirement System agreement, with one member noting a potential conflict and abstaining. The meeting ended after members reviewed additional reports with no further action and adjourned.

Transcript Highlights:

• normally, you know, there's an argument that can be made for self-funded plans that this is preempted by ERISA
• The Supreme Court in Rutledge in 2020... ...said that ERISA preemption still exists, but when it comes
• For plans that are typically covered under ERISA? Okay. It is definitely a complicated issue.

Committee: All ARKANSAS LEGISLATIVE COUNCIL (ALC)

Summary: The committee met and opened with a prayer, then approved the prior meeting minutes and received the monthly revenue report from the Bureau of Legislative Research. The report showed gross general revenue collections up year to date and net general revenue above forecast, with the staff noting changes driven by casino gaming transfers, income tax growth, and a lottery-related collection. No action was required on the revenue report. Several subcommittee reports were then presented and adopted, including the executive committee, administrative rules, game and fish/state police, hospital/Medicaid/developmental disability, occupational licensing, PEER, revenue, state insurance programs, and personnel. Topics included a Jackson County School District cooperative purchasing waiver, rulemaking updates from several agencies, federal immigration and wildlife issues, SNAP and Medicaid waiver reimbursement rates, occupational authorization reviews, temporary appropriations and transfer requests, a tire removal contract held for later review, EBD pharmacy and medical drug recommendations, and personnel items. The PEER report also included questions to the State Broadband Director about a provider with delinquent property taxes; he said the provider would not be brought forward until the issue is resolved and that broadband grant payments are tied to performance milestones. The most extended discussion came during review of a State Insurance Department report on pharmacy benefit manager oversight. Commissioners and members questioned Navitus Health Solutions’ refusal to provide certain claims data for self-funded plans in an affiliate pricing examination. The department said the matter is being briefed and set for an administrative hearing, likely in April, and that the dispute centers on ERISA preemption and state authority to request the data. Members also asked about the status of the other PBMs under review and whether they had raised similar objections. After all reports were adopted or filed as reviewed, the meeting adjourned with no further business.

Transcript Highlights:

• Marshallese language interpreting services. 84, DHS, Division of Aging, Adults, and Behavioral Health with ERISA
• That takes us over to page 130 of Item E. 102 is with DHS, DCFS with ERISA Health, and this is for therapeutic
• That takes us over to page 130 of Item E. 102 is with DHS, DCFS with ERISA Health, and this is for therapeutic
• foster care services. 102 is with DHS, DCFS with ERISA Health, and this is for therapeutic foster care

Committee: All ALC-REVIEW

Summary: The committee met to review a supplemental agenda item, procurement rule revisions, methods of finance, discretionary grants, contracts, reports, and a member disclosure. The supplemental agenda was accepted, and the Office of State Procurement’s rule revisions were approved after Jessica Patterson explained they were driven by 2025 legislative changes, including Act 782, CASO Consulting recommendations, and updates to sole source, bid, protest, and debarment provisions. The methods of finance and discretionary grants were also approved, covering a range of university capital projects, health and human services grants, historic preservation awards, and tobacco prevention and cessation programs. The committee then reviewed RFQs and six ratifications. The ratifications included a Workforce Connections payment to ACT WorkKeys for services provided during a contract gap, a Department of Health ratification for water-leak repairs, a large Department of Public Safety ratification for Motorola’s Arkansas Wireless Information Network upgrade, a Veterans Affairs HVAC ratification, an ADFA medical services ratification, and a UA Little Rock painting contract ratification. Members questioned the Public Safety ratification at length about why the expired Motorola contract was not caught sooner and why it took months after discovery to come forward; agency officials said the work was tied to bond funding and was not tracked in ASIS, and the chair urged agencies to develop better monitoring procedures. The committee approved a large slate of construction, intergovernmental, out-of-state, and in-state contracts, including many recurring service agreements for DHS, higher education institutions, corrections, health agencies, and state support functions. Several members asked about specific contracts, including aerial application services for correctional farms and a Southern Arkansas University custodial contract, and staff or agency representatives provided brief explanations. The meeting concluded with review of reports and approval of a member disclosure involving Representative Andrew Collins’ investment interest in a company leasing property to Arkansas Rehabilitation Services.

Transcript Highlights:

• I'll just focus on two things that the plans generally have issues with in the bill: one is around ERISA
• So I think there's multiple provisions of this bill that we believe violate ERISA.
• There was a 2020 ...multiple provisions of this bill that we believe violate ERISA.
• There was a 2020 ERISA court case that was upheld unanimously by the Supreme Court that affirmed laws
• are preempted by ERISA when they impact the core function of health plan administration or directly

Summary: The committee heard several health-related measures. SB 27 by Senator Umberg would revise and expand California’s CARE Court by limiting the expansion to people with bipolar I disorder with psychotic features, clarifying the definition of “clinically stabilized,” and narrowing the role of nurse practitioners and physician assistants. Supporters, including behavioral health officials and family members, said the bill would reduce dismissals and better serve people with severe illness; opponents warned the expansion would strain county staffing and housing resources and could undermine voluntary engagement. The bill passed on a do pass motion to the Committee on Public Safety. SB 503 by Senator Weber Pierson would require AI tools used in health care facilities to be identified, monitored, and mitigated for bias when used in clinical decision-making or resource allocation. The author and supporters from Kaiser Permanente and the California Medical Association said the bill would help prevent discriminatory outcomes and improve trust and safety. The committee discussed the need to clarify developer and deployer responsibilities, and the bill passed as amended to Privacy and Consumer Protection. SB 68 by Senator Menjivar would require restaurants to provide written allergen information for the top nine food allergens, with tiered flexibility for smaller establishments. The bill was supported by patients, families, nurses, and allergy organizations, who described severe reactions and the difficulty of relying on verbal disclosures alone. The California Restaurant Association opposed unless amended, seeking broader use of the national model food code and additional liability language. The bill passed as amended to Appropriations. The committee also heard SB 403 by Senator Blakespear, which would remove the sunset from the End of Life Option Act; supporters described the law as a compassionate, well-functioning option for terminally ill patients, while faith-based groups opposed it. The bill passed to Judiciary. Later, SB 41 by Senator Wiener was introduced to rein in pharmacy benefit manager practices that steer patients to mail-order pharmacies and reimburse community pharmacies below cost; community pharmacists and several health organizations testified in support, describing pharmacy closures and patient access problems.

Transcript Highlights:

• So I think there's multiple provisions of this bill that we believe violate ERISA.
• There was a 2020 multiple provisions of this bill that we believe violate ERISA.
• There was a 2020 ERISA court case that was upheld unanimously by the Supreme Court that affirmed laws
• are preempted by ERISA when they impact the core function of health plan administration or directly
• plan and their benefit design, and we think there's multiple provisions of this bill that violate ERISA

Committee: House Health

Summary: The committee heard several health-related bills. SB 27 by Senator Umberg would expand and clarify the CARE Court process, with amendments narrowing the new diagnosis category to bipolar I disorder with psychotic features, clarifying the “clinically stabilized” standard, and limiting the role of nurse practitioners and physician assistants. Supporters, including a psychiatrist, a family member, and several local and business groups, said the bill would help more people access needed services; opponents, including counties, disability rights, peer-run organizations, and consumer advocates, warned it would expand the program faster than counties can provide housing, staffing, and court-related services. The committee discussed capacity concerns at length, then passed SB 27 on a do pass motion to the Committee on Public Safety. SB 503 by Senator Weber Pearson would require AI used in health care facilities to be identified, monitored, and mitigated for bias when used in clinical decision-making or resource allocation. The author and supporters from Kaiser Permanente, the California Medical Association, hospitals, and psychiatrists said the bill would help prevent discriminatory outcomes and improve trust in AI tools. Committee members noted the need to clarify deployer and developer responsibilities and accepted amendments before voting. The bill passed as amended to the Privacy and Consumer Protection Committee. SB 68 by Senator Menjivar would require allergen disclosure on restaurant menus, with different requirements for larger chains and more flexible options for smaller restaurants. The bill was presented with emotional testimony from the author and a nine-year-old witness with severe food allergies, along with broad support from medical, nursing, parent, and allergy advocacy groups. The California Restaurant Association opposed the bill unless amended, seeking broader menu-format flexibility and additional liability language. After discussion of those concerns, the committee passed SB 68 as amended to Appropriations. SB 403 by Senator Blakespear would remove the sunset date from California’s End of Life Option Act, making the law permanent. Supporters, including a physician, a social worker, hospice professionals, and family members of terminally ill patients, described the law as a compassionate, carefully regulated option that has worked as intended. Faith-based and Catholic health organizations opposed the measure. The committee approved SB 403 and sent it to Judiciary. The hearing also included consent items, which were approved, and a vote change on SB 68 from no to aye by Senator Sanchez.

Transcript Highlights:

• Lines 21 through 22, 24, and 26 remove the exemptions for self-funded ERISA plans.
• Implicitly exempting self-funded ERISA plans in the law can preempt the law in its entirety.
• And we heard from an expert ERISA attorney who's dealt with this, both with federal lawsuits... ...who's
• By simply referencing, making that reference to ERISA in it, it pulls them in.
• Basically, an ERISA plan self-manages or self-directs its own health plan, so it would be exempted by

Summary: The Senate opened with prayer, the Pledge, a quorum call, and approval of journal corrections. It then handled several House messages, appointing conference committees on Senate Bills 2004 and 2006 and House Bills 1018, 1019, and 1363, and re-referring House Bill 1216 to Appropriations. The chamber also adopted amendments to House Bill 1601, which would have expanded special assistant attorney general authority for certain offices, but the bill failed on final passage after strong opposition centered on preserving the Attorney General’s control and avoiding a solution in search of a problem. A major portion of the day focused on education funding. House Bill 1369 was amended to raise per-pupil aid from 2% and 2% to 3% and 3% and to increase the school construction loan transfer from $75 million to $100 million; supporters said this would help local schools and military base projects, while opponents raised questions about special education placement language and state coordination. The bill passed 44-3. House Bill 1013, the DPI budget, was also amended extensively to adjust staffing, funding sources, grants, meal assistance, teacher training, and other education programs; it passed 45-2. House Bill 2234, dealing with Choice Ready grants, was amended to shift funding away from general funds and toward federal or other sources, but then failed on final passage after the sponsor urged a red vote. The Senate also approved House Bill 1482, restricting bond and indebtedness elections for counties, cities, school districts, and park districts to primary or general election days, and House Bill 1332, creating a value-added agriculture facility incentive program with an emergency clause. House Bill 1010, the Insurance Department budget, passed unanimously after amendments reflecting the merger of the Securities Department into Insurance and adding staff and fee changes, while House Bill 1011, the separate Securities Department budget, failed because its funding was already included in HB 1010. House Bill 1584, a major pharmacy benefit manager reform bill, passed with an enforcement fund and new licensing/enforcement structure despite debate over ERISA and market transparency. In other action, the Senate concurred in House amendments and passed Senate Bills 2226, 2230, 2069, 2082, 2387, 2385, and 2186, with SB 2186 on parenting time interference and a child custody task force passing 27-20 after debate over whether the issue should be left to the courts. Senate Bill 2234, on Choice Ready grants, and Senate Bill 2243, on driver’s license points and traffic penalties, both failed after concurrence motions were adopted but final passage votes were overwhelmingly negative. The chamber also advanced Senate Bill 2291 to conference committee consideration near the end of the transcript.

Transcript Highlights:

• How about the state-funded employer health plans that fall under ERISA?
• How are you dealing with the ERISA preemptions?
• Now, how does that solve the ERISA issue? I don't think it has an impact on an ERISA issue.
• I thought you were asking about the dispensing fee and how it related to ERISA.
• , and it made me think of a comparable ERISA issue.

Bills: HR72 , HR73 , HR74 , HR75 , HR76 , HR77 , HR78 , HR79 , HR80 , HR81 , HR82 , HR83 , HCR36 , HCR37 , HCR38 , HCR39 , HCR40 , HCR41 , HB368 , HB433 , HB1017 , HB1018 , HB1019 , HB1020 , HB1021 , HB1022 , HB1023 , HB1024 , HB1025 , HB1026 , HB1027 , HB1028 , HB1029 , HB1030 , HB1031 , HB1032 , HB1033 , HB1034 , HB1035 , HB1036 , HB1037 , HB1038 , HB1039 , HB1040 , HB1041 , HB1042 , HB1043 , HB1044 , HB1045 , HB1046 , HB1047 , HB1048 , HB1049 , HB1050 , HB1051 , HB1052 , HB1053 , HB1054 , HB1055 , HB1056 , HB1057 , HB1058 , HB1059 , HB1060 , HB1061 , HB1062 , HB1063 , HB1064 , HB1065 , HB1066 , HB1067 , HB1068 , HB1069 , HB1070 , HB1071 , HB1072 , HB1073 , HB1074 , HB1075 , HB1076 , HB1077 , HB1078 , HB1079 , HB1080 , HB1081 , HB1082 , HB1083 , HB1084 , HR70 , HR71 , HCR35 , HB31 , HB326 , HB1013 , HB1014 , HB1015 , HB1016 , SB192 , SB196 , SB198 , SB203 , SB204 , SB214 , SB216 , SB257 , SB291 , SB383 , HB13 , HB23 , HB25 , HB32 , HB41 , HB42 , HB90 , HB120 , HB121 , HB122 , HB127 , HB138 , HB139 , HB141 , HB179 , HB187 , HB213 , HB247 , HB286 , HB332 , HB344 , HB357 , HB367 , HB370 , HB462 , HB505 , HB527 , HB537 , HB605 , HB680 , HB681 , HB725 , HB780 , HB782 , HB847 , HB892 , HB911 , HB916 , HB1012 , HR15 , HR20 , HCR14 , HB53 , HB57 , HB64 , HB102 , HB106 , HB111 , HB137 , HB152 , HB155 , HB177 , HB238 , HB256 , HB258 , HB337 , HB359 , HB363 , HB386 , HB434 , HB546 , HB557 , HB584 , HB661 , HB697 , HB726 , HB727 , HB747 , HB756 , HB758 , HB759 , HB765 , HB767 , HB825 , HB858 , HB930 , HB941 , HB957 , HB964 , HB58 , HB69 , HB93 , HB166 , HB199 , HB201 , HB202 , HB218 , HB223 , HB224 , HB231 , HB235 , HB246 , HB338 , HB349 , HB352 , HB379 , HB405 , HB429 , HB535 , HB547 , HB577 , HB588 , HB626 , HB636 , HB652 , HB653 , HB669 , HB688 , HB691 , HB721 , HB738 , HB806 , HB851 , HB857 , HB861 , HB889 , HB904 , HB907 , HB908 , HB929 , HB1009 , HB868 , HB119 , HB140 , HB739 , HB842 , HB875 , HB919 , HB61 , HB185 , HB233 , HB613 , HB848 , HB52 , HB228 , HB289 , HB735 , HB796 , HB722 , HB284 , HB301 , HB827 , HB953 , HB901 , HB9 , HB46 , HB193 , HB400 , HB436 , HB468 , HB570 , HB582 , HB733 , HB746 , HB923 , HB952

Keywords: HR72, House Resolution 72, Sophia Patout, Layla Porter, St. Amant High School, Future Farmers of America, FFA, Coastal Restoration Heroes, coastal restoration, Louisiana coast, coastal land loss, wetlands, saltmarsh, barrier island, West Grand Terre Island, Restore or Retreat Inc., smooth cordgrass, Spartina alterniflora, black mangrove, Avicennia germinans